logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.07.20 2018도7417
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the requester for an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the lower court erred by violating the principle of the balance of punishment or the principle of the responsibility by examining the facts about the violation of the rules of evidence, the misunderstanding of facts about the basis of sentencing, and the low trial on the circumstances under which the conditions of sentencing are attached, constitutes an unfair argument in sentencing.

However, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of each of the instant crimes, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 18 years of imprisonment with prison labor.

2. As to the case of the request for attachment order, in a case where the defendant filed an appeal against the defendant's case, the appeal is deemed to have been filed as to the case of the request for attachment order, but the appeal does not state the grounds for appeal and the reasons for appeal do not indicate the grounds for appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow